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HomeMy WebLinkAboutresolution.apz.002-12 RESOLUTION NO. 2 (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT — OTHER AMENDMENT AND ASSOCIATED LAND USE REVIEWS FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD LEGALLY DESCRIBED AS PARCELS 1, 2, AND 3 SOUTH ASPEN STREET SUBDISVION/PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel IDs: 273513139001, 273513139002, 273513139003 WHEREAS, the Community Development Department received an application from the ASV Aspen Street Owners, LLC (Applicant), represented by Mitch Haas of Hass Land Planning, requesting the Planning and Zoning Commission recommend approval of a Planned Unit Development — Other Amendment, Subdivision - Other Amendment, Growth Management Review — Substantial Amendment and Resident Multi - family Replacement to amend the existing entitlements associated with the South Aspen Street Subdivision /PUD via a combined review; and, WHEREAS, an application was submitted for an amendment to the existing entitlements for the South Aspen Street Subdivision/PUD, which proposes on Parcel 1 a free - market fiveplex residential building, an affordable housing building containing 10 dwelling units and an underground parking garage. While Parcel 2 and 3 are proposed to be subdivided into one lot containing three free - market triplexes or nine residential dwelling units. Additionally the Applicant will provide eight affordable housing units off -site at the Airport Business Center and provide a cash payment -in -lieu; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire Protection District, Parks Department, Aspen/Pitkin County Housing Authority, and Public Works Department as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies reviewed the proposed amendment and provided recommendations; and, WHEREAS, after reviewing relevant section of the land use code, the Community Development Director recommended denial of the land use requests; and, WHEREAS, during a regular meeting on December 6, 2011 the Planning and Zoning Commission opened a duly noticed public hearing and continued it to January 3, 2012, and on January 3 continued the public hearing to January 4th to consider the project; and, WHEREAS, during a special meeting on January 4, 2012 the Planning and Zoning Commission opened a duly noticed public hearing, took testimony and continued the hearing to January 17, 2012 at which point the hearing was continued to January 24, 2012; and, WHEREAS, during a special meeting on January 24, 2012 the Planning and Zoning Commission opened a duly noticed public hearing, took testimony and recommended City Council approve the PUD Amendment and associated land use requests by a four to two (4 -2) vote, with the findings and conditions listed hereinafter; and, WHEREAS, the Commission finds that the development review standards for PUD Other Amendment and related land use reviews are met. Page 1 of 4 NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission recommends that the City Council approve the PUD — Other Amendment and associated land use reviews with the conditions listed below. Section 1: The Planning and Zoning Commission recommends approval of the following land use reviews: Planned Unit Development — Other Amendment, Subdivision - Other Amendment, Growth Management Review — Substantial Amendment and Resident Multi - family Replacement requirements to amend the South Aspen Street Subdivision/ PUD. The amended development plan permits Parcel 1 to be developed with a free - market building containing five (5) dwelling units and one affordable housing building containing ten (10) dwelling units. Additionally an underground garage to accommodate SkiCo parking (per an agreement with SkiCo) and parking for the affordable housing is provided. Parcels 2 and 3 are combined to create one lot. On this newly created lot three (3) free market triplexes containing a total of nine (9) residential units with an underground garage accommodating parking for one of the triplexes is permitted. Additionally eight, three- bedroom affordable housing units, known as the Pacific Avenue Condominiums, will be developed at the Airport Business Center as part of this amendment. A cash payment -in -lieu of $475,356.00 is accepted. Finally, prior to City Council review, Applicant will look into staff's concerns with regard to retaining walls on the site. Section 2: Building The final design shall meet adopted building codes and requirements if and when a building permit is submitted. No building permit shall be issued for any component of the South Aspen Street development until building permits are issued for the related affordable housing units to be developed at the Airport Business Center. Section 3: Engineering Final design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. Prior to City Council review: a) A conceptual drainage report shall be submitted to the Engineering department to verify compliance with Urban Runoff Management Plan Requirements (URMP). b) A new traffic analysis shall be submitted to the City Engineer prior to City Council Review if the Applicant intends to request a waiver of the traffic impact fee of $147,500.00. c) The project is located within the Blue Mudflow Zone. As a result, prior to Council review, the project will need analyze and mitigate any mudflow impacts as outlined in the URMP. d) The project is located in a snow slide area, as a result, prior to Council review the project will need to analyze and mitigate any snow slide impacts. Page 2 of 4 e) Prior to Council review, the plans for the Dean Avenue access need to be completed including profiles and cross sections. The cross sections need to show how the proposed grades will tie into existing grades. Additional cross sections are needed at each curb cut. f) Prior to Council review, the plans for Juan and Garmisch cross sections need to show how the proposed grades will tie into existing grades. Additional cross sections are needed at each curb cut. According to the City of Aspen Municipal Code Chapter 21.16.060, only one driveway cut per lot is permitted for residential, commercial and lodge districts; any changes to that requirement will need City Council approval. The project is located in a landslide hazard area, as a result the project must not impact any slope movement as analyzed by inclinometers. To ensure there has been no impact, the project must continue to measure the inclinometers until 1 year after the project completion. The parking on Garmisch will not be permitted. The original plans for the site showed a detached sidewalk on Juan Street. The new plans will need to be revised to depict a detached sidewalk on both sides of Juan Street. Section 4: Affordable Housing All of the affordable housing units shall meet the APCHA Guidelines. All the units shall be `for sale' units sold through the lottery system, unless the "protected" tenants from the original Mine Dump Apartments have a priority for the on -site units. The Applicant may choose three purchasers for the affordable housing units that qualify via APCHA's guidelines. All deed restrictions shall be recorded coincident with the recordation of the condo plat and prior to the issuance of the Certificate of Occupancy. The Certificate of Occupancy for the free - market portion shall not be issued until the Certificate of Occupancy for all of the deed restricted units have been executed (both on and off - site). Section 5: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Public Works The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Section 7: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. A "Line Extension Request" and a "Collection System Agreement" are required for this application. Page 3 of 4 Section 8: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 9: School Lands Dedication and Impact Fees The Applicant shall pay all impact fees and the school lands dedication assessed at the time of building permit application submittal and paid at building permit issuance. Section 10: Parks A formal vegetation protection plan shall be required with building permit application. An approved tree permit will be required before any demolition or access infrastructure work takes place. Final layout of plantings require Park Department approval. The project team should investigate the possibility of additional street tree plantings along the east side of Garmisch Street. The sidewalk along the south side of Juan Street was detached from the curb in the original approvals and is now shown as attached. Landscaping in the ROW standards requires that sidewalks should be detached when space is available, all plantings within the detached green space should conform to COA right of way planting requirements. Prior to City Council review an amended landscape plan shall be submitted for review by staff incorporating notes from the November 2011 Development Review Committed meeting. Section 11: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 12: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at a special meeting on January 24, 2012. APPROVED AS TO FORM: PL a ► I or e D ZONING COMMISSION: im True, Special Counsel L j saner, C : it ATTEST: A.PAttii a � -7V ckie Lothian, Deputy City Clerk Page 4 of 4